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HomeMy WebLinkAbout4.a. Minutes of May 25, 1993 Special Meeting and June 1, 1993 Regular Meeting ` ` ROSEMOUNT CITY PROCEEDINGS I ITEM # � A �� �$TZNG , �tTNE 1, 19 9 3 Pursuant to due call and notice thereof a Regular Meeting of the City ' Council of the City of Rosemount was duly held on Tuesday, June 1, 1993 at 7;30 p.m� at the Rosemount City Hall in the Council Chamkiers. Mayor McMenomy called the meeting to order with Councilmembers Klassen, Staats, Willeox, and Wippermann present. Statf present were: Bechtold, Freese, Ji1k, Knutsen, May, Osmundson, Pearson, Sommers, Walsh and Wasmund. Also in attendance was City Attorney Mike Miles. Mayor McMenomy welcomed the audience and led the graup in the Pledge o� Allegiance. Changes to the agenda ineluded addin.g Item 3 . d. Blandin Retreat; Old Bu�iness 8 . 1 . Rosemount Plaza; and amending the minutes of May 18, 1993 . Kevin Carroll, a representative of S .O.A.R, , gave an update of the airport siting process. Several site selections are being considered. Right now legislators are encouraging Metropolitan Council to move up the final decision timeline so communities are not held back on their development. June 11th will be a critical meeting with the Governors Task Force where a schedule to move up the siting selection by one year is considered. City stat.f will be attending. An alliance with the Blaomington Chambers of Commerce and S.O.A.R. is forming: Police Chief Lyle Knutsen displayed Officer John Sommers' plaque he received fram the state chapter of the American Legion far his quick r�sponse and reactions in a barn fire in Rosemount. Sommers helped a teenage boy save the family' s entire herd of dairy cows and calves. .As the fire department arrived the entire barn was engulfed in flames. City Council commended Officer Sommers for his fine work. Ran Wasmund, Public Works Director reviewed the Northern States :Power (NSP} pragram to use higher effieiency fluorescent tubes which draw less current. A study was done by Master Electric estimating costs at $8, 851 with a rebate from NSP of $1, 033 .4Q. This would require four years of pay back to receive a savings. NSP will finance retrofitting. MOTION by Willcox to support retrofit expenses for electrical savings at Rosemount City Hall only and require a second bid. Secoad by Klassen. Ayes: McMenamy, Staa�s� Klassen, Willcox, Wippermann. Nays: None. Council.member'Klassen noted that the Blandin Leadership Program will have a meeting June 17, at 7:00 p.m. at City Ha�.l. A1l Council.members are invited to consider joining this excellent prograrn: The first training session is scheduled for October 24 - 29 . MOTION by Willcox to apprave the Consent Agenda with an amendment to the May 18, 1993 minutes. Second by Klassen. Ayes: Staats, Klassen, 'I Willcox, Wipperrnann, McMenomy. Nays: None. Mayor McMenomy opened the Public Hearing for a mineral extraction permit renewal for Lance Johnson Sand and Gravel Mine at 8:00 p.m. The recording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. i ROSEMOUNT CITY PROCEBDINGS ' REGIILAR MEETING � J'IJNE 1, 19 9 3 ', Rick Pearson, Planning Assistant reviewed the mineral extraction a lication. The location f PP o the mining operation is west of County Road 71 and one mile north of County Road 38 . The permit conditions include posting a security in the amaunt of $25, 000 by� both the property owner and the pit operator and posting a security by Bituminous Roadways in the amount of $12, 000 to guarantee the reseeding of the restored phases. The Planning Commission recommends its approval subject to conditions. ' MOTION by Wippermann to close the Public Hearing for the renewal of the Lance Johnson mineral extraction permit. Second by Staats. Ayes: ' Klassen, Willcox, Wippermann, MeMenomy, Staats. Nays: None. MOTION by Wippermann to adopt A RESOLTf'I'I4N AFPROVING THF 1993 MINERAL I EXTR.ACTION PERMIT RENEWAL FpR THE LANCE JOI�.+350N PROPERTY and to authorize execution of the 1993 Mineral Extraction Permit. Second by Staats. ' Ayes: Willcox, Wippermann, �eMenamy, S�aa`s, Klassen. Nays: None. Mayor McMenomy opened the Public Hearing for Shannon x�lls 5�.n Aaa�tion Street and Utility Improvements. The recording secretary advised the Ma.yor that the Affidavits of Notice and Publication were on file. Brian Bourassa, P.E. from OSM Engineering 'presented an overview for Shannon Hills 5th Addition Street and Utility Improvements. The project consist of the installation of watermain, sanitary sewer, storm sewer, ' street, sidewalk and street lighting. The entire project will be borne ' by the developer, Ground Development Corporation. Construction should begin in August through to November with the final pavement application next summer. MOTION by Wippermann to close the Public Hearing for Shannon Hills 5th ' Addition Street and Utility Improvements. Second by Willcox. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. ', MOTION by Willcox to adopt A RESOLUTION FOR APPROVAL QF SHANNON BILLS 5TH ADDITION STREET AND UTILITY IMPROVII�NTS, CITY PR�JECT 243. Second by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to adopt A RESOLIITION ORDERING PLANS AND SPECIFICATIONS ' FOR SHANNON HILLS 5TH ADDITION STREET AND IITILITY IMPROVII+RENTS, CITY PROJECT 243 . Second by Klassen. Ayes: Staats, Klassen, Willcox, I Wippermann, McMenomy. Nays; None, I Mayor McMenomy opened the Public Hearing for a 'zoning text amendment, � Coal Ash Disposal in Nonhazardous Industrial Waste Contairunent Facilities. The reeording secretary advised the Mayor that the Affidavits of Notice and Publication were on file. � i Planning Director Lisa Freese reviewed the petition by U.S.P.C. I. to the City to amend the zoning ordinance in order to permit the disposal of '� coal ash at the Minnesota Industrial Cantainment Facility. The ordinance does not allow the disposal of ash from incinerators, resource recovery facilities and power plants. U.S.P.C. I. is requesting that the ' definition be changed to allow the acceptance of 100°s eoal ash at the facilitv. ' 2 ' ROSEMOUNT CITY PROCEEDINGS . REGIILAR MEETING JUNE 1, 1993 Mr. Tom Radue of Barr Engineering reviewed the ash material and noted that it is a stable ma.terial . Radue said that dust control would be necessary by using tarps over trucks when transporting and some site dust controls. Bill Lower, Dakota Coun.ty Lead Inspector noted that random testi�g would be conducted in order to verify that the coal ash is not contaminated and U.S.P.C.I. is required to keep daily testing files which would be reviewed by Mr. Lower. Don Chapdelaine and Mike Scraton from U.S.P.C.I. said their company's projections for waste tonnage were too high and the coal ash would allow more clients and increase the tonnage amount. Coal ash is very environmentally manageable and U.S.P.C. I. has no objection to the wording of the amended zoning ordinanee. Profit� have not been realized and the ma.in company is subsidizing the plant in a large way. Three full time workers have been laid off. Councilmember Klassen reminded all that the former Council had very carefully worded the original permit so that it excluded any ash. The perception at that time with dealing with Dakota County Incinerator, University of Minnesota Rosemount requesting a coal ash cell, and Minnesota Solid Waste incinerator ash, gave Council the message to stay clear of eoai ash. Also, the original permit was €or five years, now after six months an amendment is already requested. Frank Holenstein, Freshwater Foundation, voiced his concerns with the additives mixed with coal ash, i.e. spent oxide bauxite, mercury and garbage. Controls, storage and transportation can then become risks. Don Chapdelaine said U.S .P.C.I. is a good neighbor and hapes that the public' s perception of it is good. The technology for these halding cells is excellent and environmentally controllable. The Host Community Fees will benefit Rosemount in the future and U.S.P.C.I, requests the amendment so that this facility can be successful. MOTION by McMenomy to close the Public Hearing on the zoning text amendment for Coal Ash Disposal in Nonhazardous Industrial Waste Containment Facilities. Second by Wippermann. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. Both Willcox and K3assen did not recommend approval . Klassen said if caal ash is safe why not fill regular landfills with it rather than a facility made for items not accepted at most landfills. MOTION by McMenomy to table action until resolution of the Interim Use Permit Amendment. Secoad b� Wippermann. Ayes : Wippermann, McMenomy, Staats. Nays: Willcox, Klassen. MOTION by McMenomy to place U.S.P.C. I. ' s petition for a zoning text amendment for Caal Ash Disposal back on the next agenda for consideration of setting a public hearing. Second by Wippermann. Ayes: Wippermann, McMenamy, Staats. Nays: Klassen, Willcox. 3 ? , ROSEMOUNT CITY PROCEEDINGS ' REGIILAR MEETING JUNF 1, 1993 MOTION by Klassen to approve the hiring of Nancy Vandergon for the position of Deputy Registrar Clerk at the starting rate of $7. 60 an hour contingent upon her passing a pre-employment physical and a driver' s ' license check. Second by McMenomy. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. � Bud Osmundson, City Engineer reviewed the White Lake Acres, Project 241, ' showing street repair and a two inch overlay. Payment for this will come from the street fund. No assessments are called for. MOTION by Wippermann to adopt A RESOLtTTION R13CEIVING PLANS AND SPECIFICATIONS/AIITHORIZING AD FOR BID, WHITE LAKE ACRES, 12bTH STREET AND BISCAYNE AVENtTE STREET IMPROVII�lENTS, CITY PROJECT 241. Second by Staats. I; Ayes : Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. , Bud Osmundson, City Engineer =�.�;,�rt�:d t�a.�.;. v�r�al agreements have been made with land owners �ther than Carroll.;,. There is disagreement on the appraised value due to the multi-zoning of the property. Delay of the project will congest through traffic to the high school in September. MOTION by McMenomy to adopt A RESOLIITION OF TSE CITY COUNCIL OF ROSEMO'[TNT DIRECTING CONDF�lNATION OF LAND NEEDED FOR REALIGNMENT OF CBILS AVENTJE, A PIIBLIC STREET IN ROSEMOUNT, MINNESOTA for City Project 235 . Secoad by �' Klassen. Ayes: K].assen, Wippermann, McMenomy, Staats. Nays: Willcox. ', Chuck Rickert, P.E. of Orr, Schlelen, Mayeron & Associates, OSM ' Engineering presented the Western Rosemount Transportation Study. This is a thorough study of traffic patterns, traffie counts and projected needs of the city. This will assist the City in guiding future ' transportation planning. The recommendations resulting from this study ' are that Connema.ra Trail should be built as soon as possible from Shannon Parkway to Trunk Highway 3 . In addition, OSM is recommending that we request the reconstruction of County Road 38 from Trunk Highway 3 to Bacardi in 1998 as part of the Dakota County Capital Improvement Program. This will be brought back to Council at the July 6, 1993 meeting. ' Attorney Miles prepared the City Code of Ethics. Discussion ensued. MOTI�N by Klassen to approve the Rosemount City Code o� Ethics as amended I and to direct that it be drafted into ordinance �orm for cadification and publication. Second by Willcox. Ayes : Willcox, Wippermann, McMenomy, Staats, Klassen. Nays; None. Ron Wasmund, public Works Director led discussion on the right-of-way vacation on the Rosemount United Methodist Church property. Consensus of the Council was ta grant all three property awners access easement on the west side of their lots. MOTION by McMenomy to adopt A RESOLUTION TO VACATE THE 60 X 467.52 RIGET- OF-WAY ON LOT 13, AtTDITOR'S SUBDIVISION 27 AND QIIITE CLAIM DEED IT TO THE ROSEMOtTNT UNTTED METHODIST CHtTRCH DaITH PROVISION TEiAT LOTS 3,4, AND 5 HAVE ACCESS EASEMENT ON Z'HEIR i�EST PROPERTY LINE. Secoad by Klassen. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. � ' ' ` ROSEMOUNT CITY PROCEEDINGS REGU'LAR MEETING JIINE 1, 1993 John Miller, Econamic Development Coordinator, presented a Peddlers Ordinance to limit sales on public land with a $50 fee for profit organizations and no fee for non-profit organizations. MOTION by Willcox to approve AN ORDINANCE AS AMENDED RELATING TO THE LICENSING OF PEDDLERS, S4LICITORS, AND TRANSIENT MERCBANTS AND PRQVIDING PENALTIES FOR VIOLATIONS THEREOF. Secoad by Klassen. Ayes: McMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Willcox to approve A RESOLIITION SETTING TH�S LICENSE FEE FdR` PEDDLERS, SOLICITORS, AND TRANS=ENT MERCHANTS. Second by Klassen. Ayes: Staats, Klassen, Willeox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to adopt A RESOLIITION APPROVING TF£E FINAL PLAT FOR PHASE ONE OF SE�IANNON POND. Second by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Klassen to adopt A RESOLIITION APPROVING THE FINAL PLAT FOR SHANNON HILLS 5TH ADDITION and authorize execution of the Shannon Hills 5th Addition Development Agreement. Second by McMenomy. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen, Nays: None. MOTION by Willcox to adjourn. No second. Motion failed. Mayor McMenomy called for a five minute break. Planning Director Lisa Freese noted the staff at Metropolitan Council was sending mixed signals whether the Rosemount Comprehensive Guide Plan Update 2000 would be approved or not. The MUSA sewer capacity needs to be determined. Then an interim plan can be submitted. It is hard to appease two regional governments . MOTION by Willcox to approve the Port Authority' s amendments to its bylaws adopted at the Port Authority' s Ma.y 3, 1993 meeting. Second by McMenomy. Ayes: Wippermann, McMenomy, Staats, Klassen, Willcox. Nays: None. MOTION by Willcox to accept the quote and award the contract for the materials and labor for the installation of the Phase II irrigation system in Jaycee Park (J-93 . 1) to Southview Design and Construction for the amaunt of $11, 826 with funding to come from the Park Dedication accaunt. Second by Staats. Ayes: MCMenomy, Staats, Klassen, Willcox, Wippermann. Nays: None. MOTION by Klassen to accept the quotes and to award the contract for the materials and labor for the construction of the trail in Jayeee Park, project J-93 .5 to Bituminous Roadways for the amount of $25,432 .Od with $16, 895 . 00 to corne from account 202-24435 and $8, 537. 00 to come from Fark Dedication funds. Second by Staats. Ayes: Staats, Klassen, Willcox, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to approve expenditures not exceeding $1, 800 from the General Operating Budget (1�1-41520-01-437) and the CIP Budget (202- 49002-01-572) to furnish the expanded Deputy Registrar work area. Second 5 �, ROSEMOUNT CITY PROCEEDINGS REGIILAR MEETING ' JUNE 1, 1993 by Staats. Ayes: Klassen, Willcox, Wippermann, McMenomy, Staats. Nays: None. MOTION by Willcox to approve the purchase of personal computers (PC� s) and printers from the CIP Fund, account 202-49002-01-587, not to exceed the $14, 000 that was budgeted for in 1993 . Second by Klassen. �' Discussion ensued. Willcox recommended DOS 6 . 0 upgrades. Finance Director Jeff May agreed and was sure there would be enough money ', available to make that upgrade. Ayes: Willcox, Wippermann, McMenomy, Staats, Klassen. Nays: None. ' MOTION by Willcox to approve the network proposal from CIT for work to be done to the City� s personal computer network system and for the purchase I of a nevu tape backup unit. These costs will be taken from the CIP budgeted for 1993 account number 202-49002-01-586 not to exceed the �;�zciaeted amount of $8, 000 . Secand by Klas��r�. Ayes : Wipperman. McMenomy, Staats, Klassen, Willcox. Nays: None. ' Councilmember Willeox left the meeting at 11:15 p.m< `' ' MOTION by Klassen to proceed with the preparation of plans and specifications for the underground storage tank removal and replacement. McMen mby Wippermann. Ayes: Staats, Klassen, Wippermann. Nays: I Y• MOTION by Klassen authorizing staff to send a letter to Dakota County stating our support for the projects listed in the current C. I.P. and recommending the addition of the two projects as summarized. Second by , Wippermann. Ayes: Staat�, Klassen, Wippermann, McMenomy. Nays: None. MOTION by McMenomy to approve a Change Order to complete �he sidewalk ' through the Shannon Hills 3rd Addition, City P�oject 225 . Second by Klassen. Ayes: Klassen, Wippermann, McMenomy, Staats. Nays: None. Mayor McMenomy made a proclamation that National Flag Day, June 14, 1993 in the City of Rosemount would be honored b� a pause for the Pledge of Allegiance. MOTION by Staats to set a Special Meeting for June 28, 1993 at 6 :30 p.m. to begin the 1994 Budget Process for the City of Rosemount. Second by McMenomy. Discussion followed. The meet�.ng time was amended to 7 :30 p,m. MOTION by Staats to set a Special Meeting for June 28, 1993 at 7:30 p.m. to being the 1994 Budget Process for the Gity of Rosemount. Second by McMenomy. Ayes : Wippermann, McMenomy, Staats, Klassen. Nays: None. MOTION by McMenomy to adjourn the meeting, Second by Staats. Ayes: McMenomy, Staats, Klassen, Wippermann. Nays: None. The meeting was adjourned at 11:22 p.m. Respectfully submitted, � Linda Jentink, Recording Secretary ATTEST: ' Stephan Jilk, City Administrator The City Council Agenda Packet is Clerk' s File 1993-20 . _ 6 I ROSEMOUNT CITY PR4CE�EDINGS SPECIAL MEETING MAY 25, 1993 Pursuant to due call and notice thereof a Special Meeting of the City Council of the City of Rosemount was duly held on Tuesday, May 25, 1993 at 7: �0 p•m. in the Council Chambers at Rosemount City Ha}.1, 2875 - 145th Street West. Mayor McMenomy called the meeting to order with Councilmembers Willcox, Wippermann, McMenomy, and Klassen present. Councilmember Staats was ill. Also present were Planning Commission.ers: Ingram, Gundacker, McDermotti, Busho, Baago; Port Authority Commissioners Andersan, Carroll, Dunn, Edwards,McMenomy, . Sinnwell, and Wippermann; and City Administrator Ji1k, City Engineer Osmundson, Economic Develtipment Coordinator John Miller, Planning Director Lisa Freese, Assistant Planner Ricl� Pearson and City Attc�rney Miles. Speakers representing Metrapo].itari Couneil were Steve Schwanke, Principal Reviewer, and Craig Morris, Representative of District 16; and Don Blurun, Comrnunity Service Manager af Metro Waste Control Commission. Mayor McMenomy led the group in the Pledge of Allegiance. Mayor NlcMenomy explained to those present that the purpose of the meeting was to discuss the status of the City' s Comprehensive Guide Plan �eview with the Metropolitan Council. Planning Director Lisa Freese introduced Craig Morris, District 16 Representative for Metropolitan Council. The Redistricting Plan will cause Mr. Morris to be representative for District 15 and so Rosemount will have a new representative shortly. Metrapolitan Council is attempting to find a better growth control process. Right now the MUSA ma.nagement is trying to cansider ways to slow growth. The costs for MtJSA expansion infrastructure will be borne most likely by those causing growth. Metropolitan Council is rethinking growth strategies; Morris would like to keep politics out of the process and find a short term solution ta lessen the stress for developing cities and encourage core city redevelopment. The airport site selection will have an impact on development for Rosemount. Morris indicated he is prepared to detend the idea o� a reliever airport such as Flying Cloud or Rochester rather than a new airport being constructed. Morris eommended city staff for their involvement in the .airport siting proeess. Morris mentioned that the fees required now are not covering cc��ts f�r sewer and if an airport is sited near Rosemount the investment would be immense. Councilmember Klassen mentioned other means af recovering costs, i.e. Impaet Fees, Transporta�ion Impact Fees, SAC fees. Don Bluhm nated that impact fees have to be defined by the Legislature before they can became le'gal . The Rc�semount Waste Water Treatment Plant was overloaded, improvements were made and after the po�d °turned over�� this� spring they were able to expand capacity to . 84 MGD. The Empire Plant receives some diverted flow and through 1998 Rosemount should have enough capaeity. Steve Schwanke noted that moving the b�undaries in the Rosemount MUSA to decrease the need would probably be acceptable for qualifying for approval of the Tnterim MUSA in the City�s Comprehensive Guide Plan. This does nat ROSEMOUNT CITY PROCEEDINGS �I SPECIAL MEETING MAY 25, 1993 �over through to the year 2000 however, so the Interim Strategy for 3osemount' s Comprehensive Guide Plan Update 2000 would apply until it can �e determined that the MUSA Map 2000 can be approved. In August a Waste niater Treatment Plant study will be completed. From this study an improved �lant design for the Waste Water Treatment Plant will be submitted for �pproval in January 1994 . Once this can be determined the NNSA Map 2000 �an be addressed. �ouncilmember Willcox requested that this "Interim Plan° of the �omprehensive Guide Plan be approved 'as just that, an "interim�� plan and that the Update 2000 plan could be submitted later with larger boundaries for consideration on the NNSA Map. The timeline for the Interim review should be two weeks from the June 1, �1WCC Report, then two to three weeks for Metropolitan Council ' s consideration, and then meeting the public hearing requirement. MOTION by McMenomy 'to autharize staff by means of a letter ta Metropolitan �ouncil to append the Comprehensive Guide Plan Update 2000 to read Interim Comprehensive Guide Plan. Secoad by Willcox. Ayes: Willcox, Wippermann, i�cMenomy, Klassen. Nays: None. MOTION by McMenomy ta adjourn. SECOND by Willcox. All in agreement. The meeting was adjourned at 8 :30 p.m. Respectfull�r submitted, Linda Jentink Recording Secretary ATTEST: Stephan Ji1k City Administrator The City Clerk' s Agenda Packet is Clerk' s File 1993-19 . 2